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Expert Analysis


A Guide To Permanent Capital Vehicles As Access Widens

Recent regulatory and legislative actions are making it easier for retail investors to access permanent capital vehicles like closed-end, interval, tender offer and open-end funds, which each offer distinct advantages that are important to review, say attorneys at Mayer Brown.


How Dfinity Timeliness Ruling Can Aid Crypto Issuers

A California federal court's recent dismissal of a class action against Dfinity, holding that the claims were time-barred by the Securities Act's three-year statute of repose, provides a useful defense for cryptocurrency issuers, which often solicit investments years before minting and distributing the associated tokens, say attorneys at Paul Weiss.


The CFTC Is Shaking Up Sports Betting's Legal Future

The sports betting industry faces a potential sea change amid recent state and federal actions across the regulatory landscape that have expanded access to sporting event contracts against the backdrop of waning Commodity Futures Trading Commission opposition, says Nick Covek at Foley & Lardner.


Justices' Sentencing Ruling Is More Of A Ripple Than A Wave

The U.S. Supreme Court鈥檚 decision last week in Esteras v. U.S., limiting the factors that lower courts may consider in imposing prison sentences for supervised release violations, is symbolically important, but its real-world impact will likely be muted for several reasons, say attorneys at Perkins Coie.


DOJ Atty Firing Highlights Tension Between 2 Ethical Duties

The U.S. Department of Justice's recent firing of a prosecutor-turned-whistleblower involved in the Abrego Garcia v. Noem case illustrates the tricky balancing act between zealous client advocacy and a lawyer鈥檚 duty of candor to the court, which many clients fail to appreciate, says David Atkins at Yale Law School.


4 Precautions For Responsible AI Use In Bid Protests

Despite the U.S. Government Accountability Office鈥檚 May warning that it will impose stiff sanctions on bid protesters whose filings contain artificial intelligence-generated mistakes and hallucinations, generative AI can be a valuable tool for the bid protest bar if used with safeguards, say attorneys at Crowell & Moring.


Series

Law School's Missed Lessons: Rejecting Biz Dev Myths

Law schools don鈥檛 spend sufficient time dispelling certain myths that prevent young lawyers from exploring new business opportunities, but by dismissing these misguided beliefs, even an introverted first-year associate with a small network of contacts can find long-term success, says Ronald Levine at Herrick Feinstein.


DOJ Has Deep Toolbox For Corporate Immigration Violations

With the U.S. Department of Justice now offering rewards to whistleblowers who report businesses that employ unauthorized workers, companies should understand the immigration enforcement landscape and how they can reduce their risk, say attorneys at McDermott.


Fla. Condo Law Fix Clarifies Control Of Common Areas

Florida's repeal of a controversial statutory provision that permitted developers of mixed-use condominium properties to retroactively assert control over common facilities marks a critical shift in legal protections for unit owners and associations, promoting fairness, transparency and accountability, say attorneys at Pardo Jackson.


Trade In Limbo: The Legal Storm Reshaping Trump's Tariffs

In the final days of May, decisions in two significant court actions upended the tariff and trade landscape, so until the U.S. Supreme Court rules, businesses and supply chains should expect tariffs to remain in place, and for the Trump administration to continue pursuing and enforcing all available trade policies, say attorneys at Ice Miller.


Shareholder Takeaways From NY Internal Affairs Doctrine Suit

A May New York Court of Appeals decision in Ezrasons v. Rudd involving Barclays 鈥 affirming the state's "firmly entrenched" internal affairs doctrine 鈥 is a win for all corporate stakeholders seeking stability in resolving disputes between shareholders and directors and officers, say attorneys at Sadis & Goldberg.


Speech Protection Questions In AI Case Raise Liability Risk

A Florida federal court's recent landmark ruling in Garcia v. Character Technologies, rejecting artificial intelligence developers' efforts to shield themselves from product liability and wrongful death claims under the First Amendment, challenges the assumption that chatbot outputs qualify as speech, and may redefine AI regulation and litigation nationally, says Peter Gregory at Goldberg Segalla.


Why Funder Forecasts Don't Belong In Royalty Analysis

In denying the request for production of damages-model communications between Haptic and its litigation funder, which Apple argued were relevant to a reasonable royalty analysis, a California federal court recently reaffirmed an underappreciated principle 鈥 that the purpose and context of an estimate shape its evidentiary value, says Rick Eichmann at Secretariat Advisors.


The Legal Fallout Of The Open Model AI Ecosystem

The spread of open-weight and open-source artificial intelligence models is introducing potential harms across the supply chain, but new frameworks will allow for the growth and development of AI technologies without sacrificing the safety of end users, says Harshita Ganesh at CMBG3 Law.


Del. Dispatch: General Partner Discretion In Valuing Incentives

In Walker v. FRP Investors, the Delaware Court of Chancery recently held that the general partner of a limited partnership breached its obligations when determining the threshold value of newly issued incentive units, highlighting the court's willingness to reconstruct what a reasonable determination of value by a general partner should have been, say attorneys at Fried Frank.


Move Beyond Surface-Level Edits To Master Legal Writing

Recent instances in which attorneys filed briefs containing artificial intelligence hallucinations offer a stark reminder that effective revision isn鈥檛 just about superficial details like grammar 鈥 it requires attorneys to critically engage with their writing and analyze their rhetorical choices, says Ivy Grey at WordRake.


3 Rulings May Reveal Next Frontier Of Gov't Contract Cases

Several U.S. Supreme Court decisions over the past year 鈥 involving wire fraud, gratuities and obstruction 鈥 offer wide-ranging and arguably conflicting takeaways for government contractors that are especially relevant given the Trump administration鈥檚 focus on diversity, equity and inclusion initiatives, say attorneys at Rogers Joseph.


Court Rulings Warn Against Oversharing With Experts

Recent decisions, including in bad faith insurance cases, demonstrate that when settlement information documents are inadvertently shared with testifying experts, courts may see no recourse but to strike the entire report or disqualify the expert, says Richard Mason at MasonADR.


How Ore. Law Puts New Confines On Corp. Health Ownership

A newly enacted law in Oregon strengthens the state鈥檚 restrictions on corporate ownership of healthcare practices, with new limitations on overlapping control, permissible services, restrictive covenants and more making it necessary for practices to review decades-old physician practice arrangements, say attorneys at Ropes & Gray.


Handling Revenue Cycle Management Disputes In The AI Age

As healthcare providers and revenue cycle management vendors face an increasing use of artificial intelligence in claims adjudication, it's important for providers and their general counsel to plan in advance for potential disagreements with vendors and investigate the root causes behind any underperformance that arises, say consultants at AlixPartners.



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Special Series


My Hobby Makes Me A Better Lawyer

In this Expert Analysis series, attorneys share how their unusual extracurricular activities enhance professional development, providing insights and pointers that translate to the office, courtroom and beyond.




Adapting To Private Practice

In this Expert Analysis series, attorneys who have made the move from government work to private practice in the last few years reflect on how they transitioned to law firm life, and discuss tips for others.




Opinion


Legacy Of 3 Justices Should Guide Transgender Rights Ruling

Three Republican-appointed U.S. Supreme Court justices 鈥 Anthony Kennedy, Sandra Day O'Connor and David Souter 鈥 gave rise to a jurisprudence of personal liberty that courts today invoke to protect gender-affirming care, and with the court now poised to decide U.S. v. Skrmetti, it must follow the path that they set, says Greg Fosheim at McDermott.

It's Time To Expand The WARN Act Liability Exception

With layoffs surging across several industries, Congress should amend the Worker Adjustment and Retraining Notification Act to address an exception-based disparity that prevents directors and officers from taking all reasonable steps to save a company before being required to provide workers with a mass-layoff notice, say attorneys at Lowenstein Sandler.



Access to Justice Perspectives


The Reforms Needed To Fight Sexual Abuse By Prison Staff

Prisoners sexually assaulted by corrections staff, such as the California women who recently won a consent decree against FCI Dublin, often delay reporting out of fear of retaliation by their abusers, but several practical reforms could empower prisoners to disclose abuse while the evidence necessary to indict perpetrators is still available, says Jaehyun Oh at Jacob D. Fuchsberg Law.